Excerpt: - order1. we must decline to accept the reference, which seems to be premature. the assistant sessions judge should have disposed of the charges which were triable with the aid of assessors. when he has done so, it will be open to him to consider whether the interests of justice require that he should make a reference under section 307, criminal procedure code, on the other charge. he had no jurisdiction to refer the whole case. see emperor v. kalidas bhudar (1898) 8 bom. l.r. 599 and emperor v. vyankat sing sambhusing : (1907)9bomlr1057 . the case reported in in re mutyalu (1912) i.l.r. 37 m. 236 raises a different question.2. the record will be returned to the assistant sessions judge for disposal in accordance with law.

Judgment:ORDER

1. We must decline to accept the reference, which seems to be premature. The Assistant Sessions Judge should have disposed of the charges which were triable with the aid of assessors. When he has done so, it will be open to him to consider whether the interests of justice require that he should make a reference under Section 307, Criminal Procedure Code, on the other charge. He had no jurisdiction to refer the whole case. See Emperor v. Kalidas Bhudar (1898) 8 Bom. L.R. 599 and Emperor v. Vyankat sing Sambhusing : (1907)9BOMLR1057 . The case reported in In re Mutyalu (1912) I.L.R. 37 M. 236 raises a different question.

2. The record will be returned to the Assistant Sessions Judge for disposal in accordance with law.